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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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Last modified
3/24/2015 9:22:13 AM
Creation date
3/19/2015 4:55:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
3/23/2015
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8.A. - Page 141 <br /> Schedule 1 <br /> 4.1 Except in the event of an emergency, Seller agrees to give Buyer fifteen (15) days <br /> prior written notice of its maintenance activities to coordinate and schedule such activities so as to <br /> avoid interference, impact or conflict with Buyer's use of the Site or areas adjacent to or proximate <br /> to the Site. Notwithstanding the security measures Buyer maintains around the Site and adjacent <br /> to the Site, Seller shall be solely responsible for undertaking reasonable security measures to <br /> ensure and maintain the security of the Facility or Generating Facilities and the Site, which <br /> includes, but is not limited to, the security of the wiring and the inverters. As such, Seller shall <br /> bear the sole cost and responsibility of replacing any equipment or other property stolen from or <br /> otherwise damaged at the Site,whether owned by Buyer or Seller,due to Seller's failure to provide <br /> reasonable security measures except if such damage is the result of Buyer's negligence or willful <br /> misconduct. <br /> Seller shall contact Buyer's designated contact person as described in Attachment 2 to coordinate <br /> operation and maintenance activities on the Site. Buyer shall provide Seller with at least seven(7) <br /> calendar days written notice of any Buyer activities proximate to the Facility or Generating <br /> Facilities. <br /> 5. Seller to Comply with Buyer's Security Measures, Rules and Regulations <br /> 5.1 Without in anyway limiting Seller's responsibility to provide adequate security as <br /> set forth in the foregoing, Seller hereby agrees to abide by any and all Buyer security measures <br /> and procedures currently in place at or adjacent to the Site. Seller agrees to repair to the current <br /> standards all roads, driveways and walkways damaged by Seller equipment or deliveries that are <br /> now and may be located in and around the Site necessary for proper ingress and egress to and <br /> from, and occupancy of, the Site. Seller will observe all speed limits and other rules and <br /> regulations established by Buyer with respect to such roads and driveways. <br /> 6. Compliance with Safety Requirements <br /> 6.1 Seller shall comply with all safety requirements specified in any safety program <br /> established by Buyer as well as any required by state, federal or local laws and ordinances. <br /> 6.2 Buyer will provide Seller with a copy of all Buyer established safety programs <br /> and will provide Seller with written changes to these programs, if any,within a reasonable time <br /> of their adoption by Buyer. Seller or its designee (including any Financing Party) shall have the <br /> right without cost to access the Site to perform its obligations under the Agreement. Buyer will <br /> not charge Seller any rent for such right to access the Site. <br /> 7. No Interference with Buyer's Use <br /> 7.1 This License and the use hereunder by Seller shall not interfere or permit <br /> interference with Buyer's use of its Site for community purposes. Seller shall repair any damage <br /> to the Site and any facilities, equipment, persons or property located in or adjacent to the <br /> Site. Nothing in this License shall supersede the terms and conditions of the Agreement. To the <br /> extent that the terms and conditions of the Agreement and this License conflict, the Agreement <br /> shall govern. <br /> Schedule 1 Page 13 <br />
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